[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Pages 36524-36525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14756]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-962, C-570-963]


Certain Potassium Phosphate Salts From the People's Republic of 
China: Continuation of Antidumping and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) and countervailing duty (CVD) 
orders on certain potassium phosphate salts (salts) from the People's 
Republic of China (China) would likely lead to a continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, Commerce is publishing a notice of 
continuation of these AD and CVD orders.

APPLICABLE DATE: Applicable July 12, 2021.

FOR FURTHER INFORMATION CONTACT: Emily Halle (AD order) or Mark Hoadley 
(CVD order), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0176 
and (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On July 22, 2010, the Department of Commerce (Commerce) published 
the AD and CVD orders on salts from China.\1\ On November 1, 2020, the 
ITC instituted,\2\ and on November 3, 2020,

[[Page 36525]]

Commerce initiated,\3\ the second sunset review of the Orders, pursuant 
to section 751(c) of the Tariff Act of 1930 as amended (the Act). As a 
result of its reviews, Commerce determined that a revocation of the 
Orders would likely lead to continuation or recurrence of dumping and 
countervailable subsidies and, therefore, notified the ITC of the 
magnitude of the margins and net subsidy rates likely to prevail should 
the Orders be revoked.\4\
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    \1\ See Certain Potassium Phosphate Salts from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value and Antidumping Duty Order, 75 FR 42683 (July 22, 2010); 
see also Certain Potassium Phosphate Salts from the People's 
Republic of China: Countervailing Duty Order, 75 FR 42682 (July 22, 
2010) (collectively, Orders).
    \2\ See Potassium Phosphate Salts from China; Institution of 
Five-Year Reviews, 85 FR 69352 (November 2, 2020).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 69585 
(November 3, 2020).
    \4\ See Certain Potassium Phosphate Salts from the People's 
Republic of China: Final Results of the Expedited Second Sunset 
Review of the Antidumping Duty Order, 86 FR 13311 (March 8, 2021); 
see also, Certain Potassium Phosphate Salts from the People's 
Republic of China: Final Results of the Expedited Second Five-Year 
Sunset Review of the Countervailing Duty Order, 86 FR 13314 (March 
8, 2021).
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    On July 7, 2021, the ITC published its determinations, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Potassium Phosphate Salts from China, 86 FR 35827 (July 
7, 2021).
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Scope of the Orders

    The products covered by the Orders include anhydrous Dipotassium 
Phosphate (DKP) and Tetrapotassium Pyrophosphate (TKPP), whether 
anhydrous or in solution (collectively ``phosphate salts'').
    TKPP, also known as normal potassium pyrophosphate, Diphosphoric 
acid or Tetrapotassium salt, is a potassium salt with the formula 
K<INF>4</INF>P<INF>2</INF>O<INF>7</INF>. The CAS registry number for 
TKPP is 7320-34-5. TKPP is typically 18.7 percent phosphorus and 47.3 
percent potassium. It is generally greater than or equal to 43.0 
percent P<INF>2</INF>O<INF>5</INF> content. TKPP is classified under 
heading 2835.39.1000 of the Harmonized Tariff Schedule of the United 
States (HTSUS).
    DKP, also known as Dipotassium salt, Dipotassium hydrogen 
orthophosphate or Potassium phosphate, dibasic, has a chemical formula 
of K<INF>2</INF>HPO<INF>4</INF>. The CAS registry number for DKP is 
7758-11-4. DKP is typically 17.8 percent phosphorus, 44.8 percent 
potassium and 40 percent P<INF>2</INF>O<INF>5</INF> content. DKP is 
classified under heading 2835.24.0000, HTSUS.
    The products covered by these Orders include the foregoing 
phosphate salts in all grades, whether food grade or technical grade. 
The products covered by these Orders includes anhydrous DKP without 
regard to the physical form, whether crushed, granule, powder or fines. 
Also covered are all forms of TKPP, whether crushed, granule, powder, 
fines or solution.
    For purposes of the Orders, the narrative description is 
dispositive, and not the tariff heading, American Chemical Society, CAS 
registry number or CAS name, or the specific percentage chemical 
composition identified above.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping and countervailable subsidies, as well as 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby 
orders the continuation of the Orders.
    U.S. Customs and Border Protection will continue to collect AD and 
CVD cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the Orders will be the date of publication in the Federal Register 
of this notice of continuation. Pursuant to section 751(c)(2) of the 
Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next 
five-year review of the Orders not later than 30 days prior to the 
fifth anniversary of the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: July 7, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-14756 Filed 7-9-21; 8:45 am]
BILLING CODE 3510-DS-P